Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S. No. 1042/2019

Case between St Mary Magdalene Church, Moothedam et al vs M J George et al regarding permanent prohibitory injunction

Court
Munsiff Court, Ernakulam
Judge
Smt. Needi.K.Dinamany
Order Date
2025-06-04
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The plaintiff, St. Mary Magdalene Church, Moothedam, seeks a permanent injunction against the defendants for trespassing on their land. The defendants argue that the plaintiff has no rights over the disputed property.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, granting a permanent injunction against the defendants for trespassing on the plaintiff's property.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining defendants from trespassing into plaint schedule property
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting a permanent injunction against the defendants for trespassing on the plaintiff's property.
Why Plaintiff Won:
Plaintiff established ownership and possession of the disputed property with unchallenged evidence.
Losing Side's Weaknesses:
Plaintiff established ownership and possession of the disputed property with unchallenged evidence.
Supporting Evidence
On perusal of the proof affidavit and documents produced, which remain unchallenged, I am satisfied that plaintiff has established his case.

Judgment Evidence:

In the result, suit is decreed on the following terms. Defendants are restrained by a permanent prohibitory injunction from trespassing into plaint schedule property and using any part of the same as a passage for entering the public road lying on the western side of the plaint schedule property.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Fr. Joseph Chelatt
Party Age
72
Relation
S/o late Antho
Party Role
Plaintiff
Party Name
N O Alexander
Party Age
74
Relation
S/o Ouseph
Party Role
Plaintiff
Party Name
N X Francis
Party Age
67
Relation
S/o late Xavier
Party Role
Plaintiff
Party Name
P X Antony
Party Age
64
Relation
S/o late Xavier
Party Role
Defendant
Party Name
M J George
Party Age
70
Relation
S/o Joseph
Party Role
Defendant
Party Name
Antony Jayan
Party Age
42
Party Role
Defendant
Party Name
Dr. Cyriac Thomas
Party Age
64
Party Role
Defendant
Party Name
Anil Charley
Party Age
40
Plaintiffs Documents
Certified copy obtained from the Hon'ble Munsiff's court, Ernakulam with respect to certified copy of settlement register relating to Sy.No.871/3 maintained in the office of the Maradu Village, issued by the village officer, Maradu.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
K A Shaji Mathew
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Renish Raveendran
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
P K Ravisankar
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Defendants are restrained from trespassing into plaint schedule property and using it as a passage for entering the public road.
Evidence:
In the result, suit is decreed on the following terms. Defendants are restrained by a permanent prohibitory injunction from trespassing into plaint schedule property.
Relief Type: Costs
Outcome: Granted
Description:
Defendants are directed to pay costs of the suit to the plaintiff.
Evidence:
Defendants are directed to pay costs of the suit to plaintiff.

Documents & Evidence

Document Type: Certified copy of the settlement register
Submitted By: Plaintiff
Relevance:
This document was presented to show the ownership and extent of land in Survey No. 871/3 as claimed by the plaintiff.
Reference:
Ext.A1
Document Type: Commission Report
Submitted By: Court
Relevance:
The document provides details about the property in Sy.No.871/3, supporting the plaintiff's claims regarding the land.
Reference:
Ext.C1
Document Type: Sketch
Submitted By: Court
Relevance:
This sketch was used to illustrate the layout of the property in question.
Reference:
Ext.C1(a)

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between St Mary Magdalene Church, Moothedam et al vs M J George et al regarding permanent prohibitory injunction
Case Code Year
Case between St Mary Magdalene Church, Moothedam et al vs M J George et al regarding permanent prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sun, 06/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Church

Similar Cases

Case between St. Francis Xavier Church et al vs Sajan. N.P. regarding realization of money
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Civil Suit Plaintiff Won
Case between Infant Jesus Church et al vs Daniel Palliparambil regarding settlement of a suit
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Civil Suit Defendant Won
Case between Infant Jesus Church et al vs Asha Mary Thomas regarding dismissal of suit
COURT OF THE MUNSIFF, ERNAKULAM
Civil Suit Defendant Won
Case between St. Antony's Church, Vaduthala et al vs Paul @ Ouso Paul regarding declaration of title and recovery of possession.
Munsiff Court, Ernakulam
Civil Suit Plaintiff Won
Case between St. Ignatious Orthadox Syrian Church, Kanjiramattam et al vs The Principal-in-Charge, St. Ignatious Vocational and Higher Secondary School et al regarding dismissal of suit
COURT OF MUNSIFF, ERNAKULAM
Civil Suit Defendant Won